Commonwealth Consolidated Acts

INCOME TAX ASSESSMENT ACT 1997 - SECT 122.20

  (1)   The consideration you receive for the trigger event happening must be only:

  (a)   * shares in the company; or

  (b)   for a * disposal of a * CGT asset, or all the assets of a business, to the company (a disposal case )--shares in the company and the company undertaking to discharge one or more liabilities in respect of the asset or assets of the * business (as appropriate).

Note:   There are rules for working out what are the liabilities in respect of an asset: see section   122 - 37.

  (2)   The * shares cannot be * redeemable shares.

  (3)   The * market value of the * shares you receive for the trigger event happening must be substantially the same as:

  (a)   for a disposal case--the market value of the asset or assets you disposed of, less any liabilities the company undertakes to discharge in respect of the asset or assets (as appropriate); or

  (b)   for another trigger event (a creation case )--the market value of the CGT asset created in the company (the created asset ).

  (4)   In working out if the requirement in paragraph   (3)(a) is satisfied, if the * market value of the * shares is different to what it would otherwise be only because of the possibility of liabilities attaching to the asset or assets, disregard the difference.

Note:   The company may have to pay income tax if an amount is included in its assessable income because of a CGT event happening to an asset you disposed of, or it may have a liability because of accrued leave entitlements of employees. The market value of the shares will reflect these contingent liabilities.